Berg v Obama – Headed for SCOTUS!

Berg said, "I am totally disappointed by Judge Surrick's decision ...

by: doug edelman | published: 10 27, 2008

The lawsuit against Barack Obama challenging his citizenship eligibility to serve as President of the United States has been dismissed with the ruling that Philip Berg, the plaintiff, had no standing as a US voting citizen to bring the suit. Dismissal on these grounds means the judge as decided that the MERITS of the suit don't have to be weighed or decided (so he won't be on the hook for such a decision either way!) The FACTS of the case never get presented in open court, and the documents don't have to be produced. A very clean getaway for Obama.

The judge's ruling was based on precedents where voters were not found to have standing because they could not demonstrate direct harm to them or made vague generalities about wrong done to the general population. Lower courts have tended to avoid granting standing, seemingly preventing David from causing Goliath any great annoyance.

The Berg case is different, however. If Obama is elected President, and is later found to be ineligible to hold that office, the entire nation will suffer through a constitutional crisis. Berg simply sought to have an examination of the facts to determine the validity of Obama's candidacy. Those facts have not yet been vetted by a court! If a voting citizen of the United States does not have standing to prevent a national crisis of such a magnitude by raising the question of eligibility, to be decided on the evidence in open court, WHO DOES?

Philip J. Berg, Esquire, the Attorney who filed suit against Barack H. Obama challenging Senator Obama’s lack of “qualifications” to serve as President of the United States, announced that he is immediately appealing the dismissal of his case to the United States Supreme Court. The case is Berg v. Obama, No. 08-cv-04083.

Berg said, "I am totally disappointed by Judge Surrick's decision and, for all citizens of the United States, I am immediately appealing to the U.S. Supreme Court."

There are even questions on whether the judge was "influenced" or had the decision written for him by some tied to Obama: http://james4america.wordpress.com/2008/10/25/judge-surrick-received-the-decision-he-issued/

It remains to be seen whether SCOTUS will hear the case, and even if so, it would appear the election will take place before the matter is legally settled.

Berg's suit sought to present evidence that Obama may have been born in Kenya, where under the law at the time, his mother (a US citizen) would have had to have been 19 years old to have conferred her citizenship to him. (Obama ACKNOWLEDGES dual citizenship with Kenya on his website). Berg also sought to produce evidence that Obama later held Indonesian citizenship when he was adopted by Lolo Soetoro and moved with him to Indonesia. Indonesia and the US did not recognize dual citizenship at the time, so the only valid citizenship he would have held in that case is Indonesian. He would have expatriated any US or other citizenship held.

Even if he subsequently regained US citizenship, it would be thru naturalization, which is expressly ineligible to serve as POTUS under Article II of the Constitution.

These facts have not been decided or ruled invalid. They have not been heard in court. The case was dismissed on the basis of WHO was bringing it, and not on its merits. The question of Obama's eligibility to serve REMAINS an open question.

There are other lawsuits pending on the issue. Marquis v Reed in the state of WA names the Secretary of State in Washington as the defendant rather than Obama – so it's possible a citizen of the state may be found to have "standing". This suit seeks to present the same facts as evidence that the Secretary of State has failed to verify Obama's eligibility before placing his name on the ballot. Marquis says similar suits are in progress in 10 other states.

In the end, this question will, in all likelihood, remain unanswered until after the election. Voters should be aware that it is still an open question as they head to the polls.

Copyright © 2008 by Doug Edelman

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